Tribunal grants CPC access to INEC ballot papers, DDC machines

The Presidential Election Petition Tribunal has directed the Independent National Electoral Commission (INEC) to allow the opposition Congress for Progressive Change (CPC) unfettered access to all the ballot papers, among other election–related materials used across the country during the April 16 presidential elections.

The tribunal also directed the INEC chairman, Professor Attahiru Jega, the INEC; first and second respondents as well as all the returning officers (6th to 42nd respondents) to seal all the Direct Data Capturing Machines (DCC machines), ballot papers, and ballot boxes used in the presidential election held on the 16th day of April, 2011 so as to preserve same for forensic test in the course of the petition to be filed shortly.

In a statement signed by the CPC National Publicity Secretary, Engineer Rotimi Fashakin, the party declared that this breakthrough was based on an agreement reached by the principal counsels to the presidential election petition after a marathon meeting that lasted for five hours on Monday, May 23 and brought to the court on Tuesday, May 24, 2011. The opposition party had earlier dragged INEC to the tribunal seeking an order to direct the commission to allow its forensic experts access to all the materials used in the presidential poll.

In a 12-point order, the tribunal directed the 1st and 2nd respondents “to allow access to the petitioner, her solicitors, her agents and her biometric  experts access to biometric data base of all registered voters in Nigeria in the presence of the respondents for the purpose of cross checking the finger prints on the face of the ballot papers cast in the states, local governments, wards, polling units in respect of complaints in this petition and to compare them with finger prints, entries in the biometric data base already in the custody of 1st respondent for the purpose of making analysis for use in evidence before this honourable tribunal.”

The tribunal ordered thus: “An order directing the 1st and 2nd respondents to produce for the inspection of the applicant and permitting the applicant to take copies of the documents/materials/ballot papers used in the conduct of the presidential election held on Saturday the 16th day of April, 2011 as shown out in the schedule to this motion.

“An order of this honourable court directing the 1st, 2nd and 4th-42nd respondents to provide to the applicant for its use for its petition, the list of INEC officials and ad hoc staff containing their names addresses, occupations and other designations of the said officers and staff used in the presidential election across the nation.

“An order of this honourable court directing the 1st, 2nd and 4th-42nd respondents to provide to the applicant for its use for its petition, the list of local contractors engaged by INEC to print ballot papers used in the presidential election and copies of contract papers executed by INEC evidencing the award of the contracts to them.

“An order of this honourable court directing the 1st, 2nd and 4th-42nd respondents to provide to the applicant for its use for its petition, guidelines and manuals issued by INEC for the conduct of the 2011 general elections.

“An order of this honourable court directing the 1st, 2nd and 4th-42nd respondents to provide to the applicant for its use for its petition, list of accredited local and international observers for the purpose of monitoring the presidential elections.

“An order of this honourable court directing the 1st, 2nd and 4th-42nd respondents to provide to the applicant for its use for its petition, tabulation of ballot papers distribution evidencing the serial numbers of the ballot papers shared across the country in polling unit, ward, local government and states basis.

“An order of this honourable court directing the 1st, 2nd and 4th-42nd respondents to provide to the applicant for its use for its petition, delineation of polling units by their codes on the basis of states, federal constituencies, local government, wards and polling units.

“ An order of this honourable court directing the 1st, 2nd and 4th-42nd respondents to provide to the applicant for its use for its petition un-coded Excel application templates used in computer summation of the result for the presidential election used across the nation on the 16th April, 2011.

“An order of this honourable court directing the 1st, 2nd and 4th-42nd respondents to provide to the applicant for its use for its petition all the thumb printed ballot papers in all the polling units in all the states that were used across the nation in the presidential election of the 16th April,

2011.

“An order of this honourable court directing the 1st, 2nd and 4th-42nd respondents to provide to the applicant for its use for its petition, copies of relevant forms for electoral materials receipt and ballot paper account and verification statement in which entries of ballot papers dispatched for the presidential election of the 16th April, 2011 was recorded.”

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